Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Dominica (Ratification: 1983)

The Committee notes the observations of the Dominica Amalgamated Workers Union (DAWU), the Dominica Public Service Union (DPSU) and the Dominica Employers’ Federation, communicated with the Government’s report.

Article 3 of the Convention. Right of organizations to freely organize their activities and to formulate their programmes. The Committee recalls that it requested the Government to take the following measures: (i) exclude the banana, citrus and coconut industries, as well as the port authority, from the schedule of essential services annexed to the Industrial Relations Act (Act No. 18 of 1986), which makes it possible to stop a strike in these sectors by compulsory arbitration; and (ii) amend sections 59(1)(b) and 61(1)(c) of the forementioned Act, which empower the Minister to refer disputes to compulsory arbitration if they concern serious issues in his or her opinion. The Committee notes the Government’s indication that it will be engaging the relevant stakeholders in discussions with the aim of advancing legislative amendments as recommended by the Committee. In this respect, the Committee notes that the DPSU, while emphasizing the value of every public service, supports the request to remove the forementioned industries from the schedule of essential services and welcomes the call to amend sections 59(1)(b) and 61(1)(c) of the Act, whereas the Dominica Employers’ Federation is opposed to this removal because of the Dominican economy’s dependency on the aforementioned agricultural commodities. The Committee takes note of the DAWU’s indication that the Industrial Relations Advisory Committee (IRAC) needs to hold a meeting in order to make decisions and issue recommendations to the Minister of Labour. The Committee further notes that according to the Industrial Relations Board, whose opinion the Government communicated with its report, the banana, citrus and coconut industries, given their significantly reduced role in the economy, might be removed from the list of essential services, but that the port authorities remain an essential service, for the reason that they are both air and sea gateways for entry of essential goods such as medical supplies or food. With regard to the latter services, the Committee recalls that it should be possible for strikes to be organized by workers in port services and authorities and that in such services, which are not essential in the strict sense of the term, but in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population, and in public services of fundamental importance, the authorities could establish a system of minimum service rather than impose an outright ban on strikes (see the 2012 General Survey on the fundamental Conventions, paragraphs 134 and 136). Noting with deep regret that no progress has been made in bringing the legislation into conformity with the Convention despite its repeated requests, the Committee urges the Government to amend, in consultation with the social partners, sections 59(1)(b) and 61(1)(c) of the Industrial Relations Act without further delay and to provide information on all progress made in this regard. The Committee recalls that the Government may avail itself of the ILO’s technical assistance in this respect.